Terms of Service

1. Agreement to Terms

Welcome to TurfTracker. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "user") and TurfTracker ("we," "us," "our," or "Company") governing your access to and use of the TurfTracker website, mobile applications, and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

TurfTracker is an artificial intelligence-powered platform that provides lawn diagnosis, care recommendations, and property management tools. Our Service includes:

• AI Lawn Diagnosis: Analysis of lawn photos to identify diseases, pests, nutrient deficiencies, and other lawn health issues.
• Treatment Recommendations: Suggestions for products, treatments, and care practices based on diagnosis results.
• Property Management: Tools to track multiple lawns, monitor health history, and receive personalized care schedules.
• Educational Content: Guides, articles, and resources about lawn care best practices.
• Product Recommendations: Suggestions for lawn care products, which may include affiliate links.

3. User Accounts

3.1 Account Creation

To access certain features of our Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Requirements

You must be at least 13 years old to create an account. If you are between 13 and 18 years old, you must have parental or guardian consent to use the Service. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

3.3 Account Termination

You may delete your account at any time through your account settings or by contacting us. We reserve the right to suspend or terminate your account if you violate these Terms or engage in conduct we deem harmful to other users, third parties, or our business.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Upload images containing people, children, copyrighted material (other than your own), or content unrelated to lawn care
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to the Service, other user accounts, or computer systems or networks
• Use automated systems, bots, or scripts to access the Service without our express written permission
• Collect or harvest user information without their consent
• Use the Service for any commercial purpose not expressly permitted by us
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Circumvent any access control measures or rate limits

5. User Content

5.1 Your Content

You retain ownership of any content you submit, upload, or display through the Service ("User Content"), including lawn photos, property information, and feedback. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and display such content in connection with operating and improving the Service.

5.2 Content Restrictions

You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not violate the rights of any third party
• Your User Content is accurate and not misleading
• Your lawn photos are of lawns you own or have permission to photograph

5.3 AI Training

We may use anonymized and aggregated User Content to train and improve our AI diagnosis models. This usage is subject to our Privacy Policy, and you may opt out in your account settings.

5.4 Content Removal

We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate, without prior notice.

6. Intellectual Property

6.1 Our Property

The Service, including its original content (excluding User Content), features, functionality, and design, is owned by TurfTracker and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.

6.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. This license does not include the right to:

• Modify, copy, or create derivative works based on the Service
• Sell, sublicense, or commercially exploit the Service
• Use the Service for any purpose not expressly permitted by these Terms

6.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use, disclose, reproduce, and exploit such feedback without any obligation or compensation to you.

7. AI Diagnosis Disclaimer

IMPORTANT: The AI-powered lawn diagnosis provided by our Service is for informational and educational purposes only. You acknowledge and agree that:

• Not Professional Advice: Our diagnoses are AI-generated suggestions, not professional horticultural, agricultural, or landscaping advice. Results should not be considered a substitute for consultation with qualified lawn care professionals.
• Accuracy Limitations: While we strive for accuracy, AI analysis has inherent limitations. Diagnoses may be incorrect, incomplete, or inapplicable to your specific situation. Factors such as photo quality, lighting, and camera angle can affect results.
• Treatment Decisions: You are solely responsible for any actions taken based on our diagnoses or recommendations. Always read product labels and consider consulting a professional before applying treatments.
• Environmental Factors: Our recommendations do not account for all environmental regulations, local ordinances, or restrictions that may apply in your area.
• No Guarantees: We do not guarantee that following our recommendations will resolve lawn issues or improve lawn health.

8. Third-Party Services and Links

8.1 Third-Party Services

Our Service may integrate with or contain links to third-party websites, applications, or services ("Third-Party Services"), including:

• Social login providers (Google, Apple, etc.)
• Payment processors (Stripe)
• Product retailers (Amazon, Home Depot, etc.)
• Weather data services

These Third-Party Services are governed by their own terms and privacy policies. We are not responsible for the practices of these third parties.

8.2 Affiliate Links

Our Service may include affiliate links to products and services. If you purchase products through these links, we may receive a commission at no additional cost to you. We strive to recommend products based on quality and relevance, regardless of affiliate relationships. Product recommendations are suggestions only, and we do not guarantee their effectiveness or suitability for your specific needs.

9. Subscription and Payments

9.1 Free and Paid Services

Our Service offers both free and paid subscription tiers. Free features may be limited in functionality or subject to usage restrictions. Paid subscriptions provide access to additional features as described on our pricing page.

9.2 Billing

Paid subscriptions are billed in advance on a recurring basis (monthly or annually). By subscribing, you authorize us to charge your payment method for the subscription fees.

9.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period, and you will continue to have access to paid features until then.

9.4 Refunds

Subscription fees are generally non-refundable. However, if you believe you are entitled to a refund due to technical issues or billing errors, please contact us within 14 days of the charge.

9.5 Price Changes

We reserve the right to change subscription prices. We will provide at least 30 days' notice of any price increase before it takes effect for existing subscribers.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• UNINTERRUPTED OR ERROR-FREE SERVICE
• SECURITY OF YOUR DATA OR CONTENT
• CORRECTION OF DEFECTS OR ERRORS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TURFTRACKER, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICE
• DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT
• DAMAGES RESULTING FROM FOLLOWING LAWN CARE RECOMMENDATIONS OR DIAGNOSES
• DAMAGES TO YOUR LAWN, PROPERTY, OR LANDSCAPING

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 IF YOU HAVE NOT MADE ANY PAYMENTS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless TurfTracker and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your User Content
• Your use of the Service
• Your violation of any rights of another party
• Actions taken based on our diagnoses or recommendations

13. Dispute Resolution

13.1 Informal Resolution

Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us at support@turftracker.app. We will attempt to resolve the dispute within 60 days.

13.2 Arbitration Agreement

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration in accordance with the American Arbitration Association's Consumer Arbitration Rules. The arbitration shall be conducted in English and take place in [Your State/Country].

13.3 Class Action Waiver

YOU AND TURFTRACKER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.4 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in [Your State].

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we may also send you an email notification. Your continued use of the Service after any changes indicates your acceptance of the modified Terms.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect.

17. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us to be effective.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and TurfTracker regarding your use of the Service.

19. Contact Us

If you have any questions about these Terms of Service, please contact us:

• Email: legal@turftracker.app
• Support: support@turftracker.app
• Address: TurfTracker, Legal Department, [Your Address]